First of all, the difference between the legal relationship main body: according to the provisions of the "trust law" article ninth, the trust documents by the trustor and trustee as a man set (signed), while the beneficiary is not as a subject is reflected in the trust documents, namely the trust documents contract main body and the parties of the trust is not identical (except for self benefit trust, but self benefit trust legal subject of the trustor and trustee's identity is still to differentiate); while the contract as the contract documents the consensus of the parties, in accordance with the provisions of the contract law, the contract main body and the contract parties are completely consistent.
Secondly, the difference between property rights: the rights of the parties to establish foundation bearing parties to a trust and contractual obligations basis is different, the parties to the contract rights and obligations of the contents of property rights (Zhai Quan) implementation is achieved by the form of the contract agreed by the method, that is usually said the contract freedom principle; and the distribution of the trust of the parties rights and obligations, the ownership of trust property and ownership is directly according to the law implementation. For example, the independence of the trust property issues, broke the law and civil law, the traditional contract of our country obtain ownership of the property to understand the way of contract, namely: "trust law mandatory provisions in the trust property independence as well as parties to a trust foreign limited liability. Trust property independence and the parties of the trust of foreign limited liability so that the trust property is the main character, the trust relationship confrontation third person effect. Trust of trust property independence can not be used to replace the provisions of contract, so it becomes the core and function location of trust law."
Third, the difference between the legal relationship between the effective conditions: according to the principle of contract law. The contract established according to law is the establishment and legal relation of contract, legal relation of property established by contract becomes effective legal binding document; and effective legal relationship of trust property trust law is not consistent with the establishment of the effective establishment of the trust documents, legal relationship of trust is based on the trust property legal delivery as the basis of judgment.
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